SATBIR AND ANR Vs. RAJENDER KUMAR

JUDGEMENT

(1.) Challenge in the present revision petition is to the order passed by the learned Motor Accident Claims Tribunal (for short 'the Tribunal') on 17.2.2010, whereby an application for setting aside the exparte award, was dismissed.

(2.) The respondent-claimant sought compensation on account of the injuries received in a motor vehicular accident by impleading the driver and the owner of the vehicle as respondents. The said respondents put in appearance, through their counsel, but failed to appear on 24.8.2007, when exparte proceedings were initiated against them. Subsequently, after recording exparte evidence, the Tribunal, announced its award on 26.4.2008, awarding a sum of Rs. 25,000/-. The application for setting aside the exparte o proceedings was filed on 26.9.2009, which has been declined by the learned Tribunal for the reason that the petitioners were appearing in person as well as through their Counsel during the course of trial and subsequently, neither the Counsel nor the petitioners have appeared.

(3.) It has been found that the application has been filed on the basis of concocted version and there is nothing on record that there was any fault of the Counsel as projected in the application. Consequently, the application was dismissed.